In re M.K., 241 N.C. App. 467 (2015)
Held:
Affirmed
- The trial court’s findings of fact should not merely recite the allegations in the petition but must reflect the court’s process of logical reasoning when considering the evidence before it to make its ultimate findings of fact that support its conclusion of law. The findings of fact that were not verbatim recitations of the allegations demonstrated the trial court considered the evidence and exercised logical reasoning to support its conclusion that the children were neglected.
- Concurrence: Recognizes the holding in In re J.W. and K.M., 241 N.C. App. 44 (2015), which held findings of fact that are verbatim recitations of the allegations of the petition are not per se reversible error so long as the record shows the court used logical reasoning when considering the evidence before it to find the ultimate facts to support its conclusion of law.
- Findings of fact that are really conclusions of law will be treated as a conclusion of law.
Category:
Abuse, Neglect, DependencyStage:
AdjudicationTopic:
Findings of Fact